Indian Penal Code, 1860, Section 302, 149, Evidence Act, 1872, Section 118 -- Murder - Competency of child witness - PW4/ son of deceased was 10 years old at the time of incident - He only knows Koya language and did not know Oriya language for which an interpreter was appointed - But Presiding officer has not preserved anything in record of questions put by him to PW4 and..........
Indian Penal Code, 1860, Section 376, 323, 328, 120B, Criminal Procedure Code, 1973, Section 482 -- Quashing of proceedings - Rape - Applicants willing to compromise the matter - However, sexual offences constitute an altogether different class of crime which is result of a perverse mind - Allowing quashing of charge sheet, pursuant to a compromise will in such cases, only..........
Civil Procedure Code, 1908, Order 5, Rule 17 -- Service of summons by affixation - Summoning of process server and witnesses not necessary in every case, wherever service takes place by affixation - Plaintiff himself could have produced said witnesses...........
Service -- Misconduct - Dismissal from service - Judicial review - Power of judicial review is confined to decision making process - Power of judicial review conferred on constitutional Court or on Tribunal is not that of an appellate authority...........
Indian Penal Code, 1860, Section 498A, 323, 406, 506, 34 -- Cruelty - Quashing of FIR - Complainant concocted a story that there was demand of dowry before marriage and at the time of marriage - However, there is no complaint made then or soon after couple had left for USA - Allegations of cruelty, harassment and torture if any took place in USA and cognizance of it could..........
Criminal Procedure Code, 1973, Section 311, Negotiable Instruments Act, 1881, Section 138 -- Dishonour of cheque - Summoning of Bank manager along with relevant record - Defence of accused is that cheques were stolen and his signatures are forged - Court vide its earlier order permitted accused to summon Bank Manager with relevant record in his defence - However, when..........
Service -- Selection process - Additional criteria introduced after selection process commenced and when such requirement was not indicated in fresh guidelines - Conclusion of High Court that requirement is altered after commencement of selection process justified and unassailable...........
Service -- Selection process - Additional criteria - Challenge as to - Candidate already in selection list who appeared in computer efficiency test on date depicted in revised time schedule cannot be considered to have appeared after having knowledge that same will also be a part of assessment for selection - Mere indication of date of computer efficiency test in time..........
Criminal Procedure Code, 1973, Section 482, Indian Penal Code, 1860, Section 498A, 323, 120B, 34, Dowry Prohibition Act, 1961, Section 3, 4 -- Quashing of proceedings - Cruelty - Dowry demand - Accusation as apparent from statement of victim is of heinous offence - Therefore, there seems to be no element or likelihood of compromise - There was poisonous substance in the..........
Insecticides Act, 1968, Section 3(k)(i), 17, 18, 29, 33, Insecticides Rules, 1971, Rule 27(5) -- Quashing of complaint - Misbranded insecticides - Complaint after more than 6 years from the date when report of public analyst was received i.e. after expiry of period of limitation for taking cognizance - Continuance of proceedings based on such complaint would amount to..........
